1. TERMS AND CONDITIONS OF USE OF THE SERVICE.
1.1 This contract defines the general terms and conditions of use of the services offered by Sirnolo s.r.l. (or “the Company”), with registered office in 96010 Melilli (SR), Via Fazzino n.29, VAT number 01596190890.
1.2 The User is required to accept all the terms and conditions of this Rental Agreement, including exclusion of liability and release in favor of Sirnolo srl.
1.3 Before using the services offered by Sirnolo s.r.l. through the Annachiti App, as part of the fairness and transparency policy that characterizes the Company,
The User is invited to carefully read these “General Terms and Conditions” which govern the use of the services offered through the App.
1.4 “General Terms and Conditions” also mean any note, information notice, legal notice or disclaimer published on the Annachiti App, as well as any recall via links to this page or to others External links.
1.5 The User, by simply accessing the App or the Site, declares to accept simply and unreservedly all the Contractual Conditions expressed here, and in any case declares to adhere individually to the separate Conditions indicated, where express acceptance is required.
1.6 Access and navigation on the site or use of the App and related functions constitutes in any case express acceptance of these General Terms and Conditions, as well as the consequent obligation to comply with them.
1.7 These General Terms and Conditions expressly refer to the state and municipal legislation in force in the territory in which the circulation of the rented electrical devices takes place, the User therefore undertakes to comply with all the circulation and parking rules provided for by the legislation that can be consulted on the sites municipal authorities and to return the rental vehicles to the parking lot of departure.
1.8 The User is invited to print a copy of the General Conditions for further information or for any future consultation and the same, in the event that he does not intend to accept these General Conditions, in whole or in part, or any other note, link or reference contained therein, you are invited not to use the related services offered by Sirnolo s.r.l..
1.9 In order to guarantee the security of the data and information entered by the User in the App, he is required to keep the credentials for accessing the App in a safe and inaccessible place, exempting the Company from any access or fraudulent use by anyone. .
2. SUBJECT OF THE SERVICES.
2.1 The services provided by Sirnolo s.r.l. include, inter alia, the Annachiti mobile application (“Annachiti App”) , the Annachiti electrical devices (“Vehicle”, “Electrical Device”, scooter or scooter), and all related equipment that may be provided, maintenance, recharging of Electric Vehicles, information provided or made available by Sirnolo s.r.l.
2.2 The App is the exclusive property of Sirnolo s.r.l. or granted for any reason whatsoever for the exclusive use of the Company. It is not allowed to disassemble, modify, repair, deface, cover or hide in any way any Electrical Device or any part of it.
It is also not allowed to use any Device or service provided by Sirnolo s.r.l. for advertising or commercial purposes without the written consent of the Company.
2.3 The Devices made available to users are owned by Sirnolo s.r.l. or its affiliated partners who are responsible for their maintenance and related insurance policies if mandatory.
3. RENTAL AND USE OF ELECTRICAL DEVICES.
3.1 The User, under his own responsibility, declares to be the only user of the rental service and to be responsible for compliance with these contractual terms and conditions, the provisions of the law and in particular the Highway Code and the specific intended use. in the vehicle registration certificate; The User undertakes to prevent third parties from using the rented Electric Device through the User’s personal data and credentials.
3.2 The use of electric scooters and scooters is prohibited by these Regulations for minors under the age of 18. The user of the electric scooter rental service declares to be at least 18 years old and to be in possession of a suitable valid driving license that is not suspended, withdrawn, revoked on the date of registration for the service and of the individual rentals.
The User must be in possession of a driving license for the entire duration of the rental.
Any suspension or withdrawal of the License involves suspension from access to the electric scooter rental service, without prejudice to the right of Sirnolo s.r.l. to cancel the User’s account.
3.3 Registration for the electric scooter rental service takes place through a contract proposal formulated by the User with the complete insertion of the requested data in the electronic form available in the appropriate section of the App (“My Profile” – “Request Scooter Rental Enablement” ) and consequent saving of the data having the value of signing and sending the form to the company.
The proposal is valid for 48 hours from the date the form is sent (data saving in the App).
The Agreement for the use of the electric scooter rental service, governed by these general conditions, is finalized when the User receives the communication of acceptance from Sirnolo s.r.l..
Within 48 hours from the date of signing and sending the electronic proposal form, Sirnolo s.r.l. Mobility, after verifying that the User has the requisites required in point 3.2, will communicate by App the acceptance of the contract proposal and the consequent enabling the rental of electric scooters
3.4 The electric scooter is started by selecting the “Start rental” button via the App, the scooter then switches to “stand-by” mode and can be turned on by pressing the special red power button located on the handlebar or next to the slot to insert the key.
In the event that the Vehicle is not suitable for use as it is damaged or if there is not even just one of the two helmets in the top case or the vehicle’s circulation documents, the User must report the anomalies found and decide to immediately release the unusable Vehicle (since for example the User does not have his own helmet).
At the end of the rental, the User must release the helmets in the appropriate case before closing the rental.
3.5 The use of electric scooters is expressly prohibited by law and these Regulations for children under 14.
The User who uses the electric scooter rental service, under his own responsibility, declares to be at least 18 years old.
3.6 The Electric scooter is set in motion by pressing the throttle control while pushing forward with one foot. The User declares to be a competent user, to be familiar with the operation of the Electrical Device and to be physically fit to use the Device. Use is prohibited for persons with a body weight equal to or greater than 100 kg. It is advisable to adjust your driving behavior and the braking distance to adapt them to all conditions and variables, including atmospheric conditions, traffic and traffic. state of the road pavement.
3.7 The coverage area of the Vehicle rental service is identified by App with the blue color, it is always larger than the circulation area allowed by current legislation and therefore does not necessarily coincide with the latter.
The areas identified by the App with the green color are “parking areas”, the User therefore undertakes to terminate the rental in these areas.
In the areas identified by the App with the color, the electric scooter will automatically limit its speed to 6 km / h, in any case in these areas the User undertakes not to exceed this speed. The areas identified by App with another color are “no parking” areas in which the User must respect the maximum speed of 6 km / h. The areas identified by App with the color orange are limited parking areas (exclusively in the virtual stalls identified in the App and / or stalls identified on the street with appropriate signs) in which the User must respect the maximum speed predetermined from time to time by Sirnolo s.r.l. Mobility.
3.8 the User expressly agrees to use any Electric Device rented in accordance with the provisions of the law, regulations and/or municipal ordinances and resolutions that stipulate the modalities of use, circulation limits and parking arrangements for Electric Vehicles. The areas in which the circulation of Electric Vehicles is permitted are defined by State and Municipal regulations (which can be consulted through the appropriate link published on the website of the municipality where the vehicles are located) that the User declares to know and respect. The User is therefore obliged, before starting the rental, to check which are the specific areas of permitted circulation in the municipality of reference, in any case circulation in the preferential lanes reserved for cabs and/or public transport is prohibited. The areas in which the circulation of electric scooters is permitted may not be connected to each other, therefore, for the sole purpose of allowing circulation in all permitted areas, Annachiti identifies by App with the color blue the entire service coverage area, which is therefore always larger than the area in which circulation is permitted under current regulations. The User who, in order to reach an area in which circulation is permitted, finds himself crossing an area in which circulation is prohibited, will have to push by hand the scooter for which he has activated the rental, until he reaches the area of permitted circulation. In case the User leaves the service area (delimited by App with color) the electric scooter will automatically limit the speed to 10 km/h, the User must re-enter the service area within 5 minutes. Starting from the sixth minute of circulation outside the service area, a penalty of 20 cents per minute will be automatically charged in addition to the rate applied to the ride. Exceeding 5 minutes of rental outside the service area or in areas where circulation is prohibited Sirnolo s.r.l. reserves the right to close the rental remotely, even without notice and to charge a penalty for the recovery of the vehicle equal to € 150. In addition, the rental of the Device may not terminate:
(a) outside the service area;
(b) in areas where traffic is prohibited;
c) in “no parking” zones.
In any case, if the Devices are left in areas where circulation is prohibited, outside the service area or in “no parking” zones, the Company at its sole discretion, reserves the right to charge a penalty for recovery amounting to € 150. Outside the service area the electric scooter may circulate in compliance with the rules of the Highway Code but to end the rental the User must return to the service area where he started the rental.
3.9 Electric scooters must be parked in the stalls reserved for velocipedes, mopeds and motorcycles or at the side of the road where not expressly prohibited, provided they do not constitute a danger or hindrance, and in any case in compliance with the relevant municipal regulations, even where more restrictive. Electric scooters must be parked exclusively in the stalls reserved for mopeds and motorcycles and marked with horizontal stripes or special signs.
In any case, the scooter may be parked only where permitted by the Highway Code. Parking in reserved stalls such as parking spaces reserved for disabled persons, law enforcement, loading unloading of goods or cabs is not allowed.
3.10 Under no circumstances may Electric Vehicles be placed or parked in areas that constitute private property or be loaded onto private or public vehicles; in the event of a violation of this provision, the Company at its sole discretion, reserves the right to charge a penalty for recovery and loss resulting from the inability to access the Electric Device and rent the same to other Users, amounting to €250 for each day of violation.
3.11 The User agrees and declares to:
1) not to carry any person on the rented electric scooter;
2) not to carry, while using the Vehicle, any briefcase, duffel bag or other object that hinders the ability to safely use the Electric Device;
3) not to use any cellular phone, (unless the phone is properly placed on appropriate fixed cellular phone holder on the handlebars of the Electric Scooter and is used only as a speedometer or for GPS navigation), portable music player, and/or any other device that may distract from safe riding;
4) not operate any Electric Vehicle while under the influence of alcoholic beverages, drugs, medications, and/or any other substance that may impair safe riding ability;
5) not to use locking mechanisms other than those provided by Sirnolo s.r.l.;
6) not to park the Vehicle in a way that differs from what is indicated in points 3.8 3.9, 3.10 and in any case in a way that differs from what is established by laws, rules and/or regulations in force. In case of violation of parking regulations, the Company reserves the right to charge back to the User the amount paid as penalty, penalty or fine. In the event of a violation of this article, Sirnolo s.r.l. at its sole discretion reserves the right to charge the User a sum of up to Euro 200.00 for the handling of payment reminders of any administrative penalties and/or a sum of up to Euro 1000 for the loss incurred due to the impossibility of accessing the Electric Device and renting the same to other Users.
3.12 It is expressly prohibited to use the Electric Vehicles for competitions, excursions on unpaved roads and for performing stunts of any kind (including and by way of example wheelies and jumps etc.). It is expressly prohibited to use the Electric Vehicles for third parties.
3.13 It is not permitted to use the rack improperly with reference to the type of contents and any visual obstruction or impediment to driving. It is recognized that the basket/rack on all Electric Devices is provided for light objects only and in no way may people or animals be transported.
3.14 The User agrees to report any accident, incident, collision, damage, personal injury as soon as possible in order to allow for a timely check of the condition of the vehicle and to ascertain the presence of any faults and/or malfunctions. If a collision occurs that results in personal injury or property damage or if the Electrical Device is stolen, the User shall immediately notify the Company (by contacting the customer service number listed in the “contact us” section) and law enforcement.
3.15 The User shall return the Electrical Device in the same condition in which it was rented. The User is responsible for any damage done to the rented Device. The User understands and agrees to be responsible for damage caused to any Electrical Device that has been damaged. The User will not be held responsible for normal wear and tear and deterioration of Devices. The User who vandalizes the Electrical Device will be obligated to pay a penalty of Euro 1,200.00 for each vandalized Device, at the sole discretion of Sirnolo s.r.l. or the Sirnolo Partner and subject to the greater damage suffered.
3.16 The User agrees and acknowledges that Electric Devices may not always be available. They require periodic recharging of batteries to function. The User understands and agrees to the following: 1) the percentage of charge remaining will decrease as the Device is used based on time and distance traveled, and as the charge level decreases, speed and other operating capabilities may decrease (or cease altogether);
2) The percentage of charge of the Device at the beginning of the rental is not guaranteed and will vary for each rental; 3) The rate of loss of charge while using the Device is not guaranteed and will vary based on the Device, road conditions, weather, and/or other factors;
4) it is the User’s responsibility to check the charge level of the Device and the decision to activate the rental of a Device that is not fully charged is at the discretion of the User, who will therefore not be able to complain to the Company about the shutdown or reduction in speed of the Device before reaching the final destination;
5) Sirnolo s.r.l and Sirnolo Partners does not guarantee the distance and/or time for which you will be able to use any Device before it loses its charge completely. The Device may discharge and stop working at any time during the rental, including before you reach your destination;
6) In the event that the vehicle is left idle for more than 24 hours, the rental will be terminated automatically and the electric Device will shut down automatically, without the User being able to raise any objection to the Company the and expenses for transportation and recovery of the vehicle will be charged to the user.
3.17 The Company may at its discretion, after notifying the user and/or the Municipality if required by Municipal Regulations, temporarily suspend the provision of rental services for safety reasons, repair operations, maintenance, improvement of features and functionality.
4. SAFETY.
4.1 With respect to the electric scooter rental service:
1) the User who is between 14 and 18 years of age authorized by parental authority and with the relevant rental account is obliged, pursuant to the law and this contract, to wear suitable protective helmet owned by him/her;
2) it is mandatory for all Users to use a high-visibility reflective vest or suspenders from sunset until half an hour before sunrise;
3) in any case, the User undertakes to comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, parking, parking, and circulation in certain areas); iv) without prejudice to the provisions of paragraph
4), in the event that laws, regulations and/or ordinances in force in the area in which the Device is in operation require the User (even if over the age of 18) to wear a helmet, the User agrees to comply with such laws and regulations at all times.
4.2 With regard to the rental service of electric scooters: the User is always obliged, under the law and this contract, to wear a suitable protective helmet and in the event of an infraction is provided for the administrative seizure of the vehicle , the user is obliged to pay the daily rental for the entire time that the vehicle is not ‘usable plus a penalty of 250€ for the management of the file.
1)) E-dway srl provides No. 2 approved helmets placed inside the Vehicle, the loss of helmets or their damage will result in the charge of the penalty of € 250, except for the greater damage;
3) it is obliged to all users to turn on both during the day and in the evening and night hours the headlights of the rented scooter; iv) in any case, the User undertakes to comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, parking, parking, circulation in certain areas);
4.3 The User undertakes to perform a Safety Check of the Electric Vehicle, all its components and accessories before starting the ride. The User is then obliged to check the Device for obvious damage (by way of example but not limited to: damage to the body, wheels, abnormal noise of the vehicle, vehicle malfunction indication lights, etc.). In the event that the Vehicle is unfit for use because it is damaged or there is no presence of the helmets in the top box or the Vehicle’s registration papers, the User shall report the anomalies found and decide to immediately release the Vehicle unfit for use. The User then agrees not to use the already damaged Vehicle and to immediately contact Sirnolo s.r.l. customer service. The User undertakes to check the integrity and proper functioning of the cell phone holder device installed on the scooter and deliberately chooses to use it, securing their smartphone and carefully tightening the securing screw. The use of the cell phone holder accessory is merely optional and not necessary to take advantage of the rental service, Sirnolo s.r.l. therefore shall not be liable for direct or indirect damages resulting from the use of this accessory. The User using the cell phone holder device accepts the risk of ruining the smartphone on the ground due to malfunctions or the disruption of the road surface. The User accepts any denial of responsibility by Sirnolo s.r.l. for any damage resulting from the smartphone falling to the ground.
4.4 The User who becomes aware of any defect or any other potentially hazardous condition on the Vehicle agrees not to use it or to cease using it, as soon as it is safe to do so. The User agrees to immediately report defects or abnormal or risky conditions on the Device to the Company.
4.5 If an Electrical Device is not returned within 24 consecutive hours, it may be declared lost or stolen and a complaint may be filed against the User with local authorities. The data received telematically from the App is conclusive evidence of the period of use of the Device by the User. Any disappearance or theft must be reported to the Company without delay.
4.6 The User expressly acknowledges and agrees that it may be necessary to take additional security measures or precautions not specifically set forth in this Agreement and expressly acknowledges and agrees that the decision to take them is the sole responsibility of the User.
4.7 The User understands and agrees that roads, bike paths, and routes may become dangerous due to weather conditions, traffic, and/or other hazards beyond the control of the Company. The Company shall not be responsible for any of the foregoing conditions, without limitation. The User understands that he/she is solely responsible for responsibly choosing a safe route in accordance with applicable laws and regulations.
4.8 Rental of Electric Devices is intended only for persons skilled and qualified to operate the Devices, subject to acceptance of all terms and conditions of this Agreement.
5. PRICE OF SERVICES.
5.1 It is possible to use the Electric Devices by payment per ride or according to the payment plans described in the App (subscriptions, all inclusive packages or unlock packages). The amount that will be charged is inclusive of VAT. Rates are subject to change, at the sole discretion of Sirnolo s.r.l., in compliance with the relevant regulatory provisions.
It is necessary to enter a valid Credit or Debit Card number and an expiration date before registering to use the rental service. You confirm that you are authorized to use the Card provided. Once you have registered and created an account the Electric Devices can be used by following the instructions that appear in the App.
The Company will charge the credit or debit card in the amount of the rates per ride or payment plan selected, as indicated by App in the “Prices and Rates” section. The customer will be charged the rental rate during the use of the service:
1) at the stroke of each minute in the case of a per-minute rate
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2) at the time of purchase of the selected subscription or package.
At the end of the ride, the User will receive an email confirming the transaction indicating the total cost of the rental and specifying the rental data.
5.2 The User may decide at any time to recharge the virtual wallet present in the App in the ” Packages” section. For each recharge made, Sirnolo s.r.l. will credit the User with a “Bonus” credit of variable amount depending on the amount of the recharge. Once recharged, the User may decide to use the credit paid for the payment of individual standard fare rides or for the purchase of subscriptions or packages; it should be noted, however, that the credit resulting from “Bonus” recharges may only be used for the payment of standard fare rides and not for the purchase of subscriptions or packages. Recharges and related “Bonuses” are indicated in the App in the appropriate section.
5.3 The User expressly agrees that in case of incapacity of the provided means of payment, the rental will automatically terminate without notice. The User hereby authorizes the Company to retry – in the days following the rental – the charging of the service fee. The User further authorizes the Company to charge to the provided means of payment both the costs incurred by way of a fine or penalty raised by a third party against the User and the penalties specified in this contract. In the event that the means of payment provided by the User does not have sufficient credit to pay for the service, the Company reserves the right to charge an amount of up to 300.00 euros as a fee for processing payment reminders and recovering the credit.
The user agrees and authorizes to be charged an amount of Euro 500 in the event that he/she abandons the vehicle even with open rental and does not return it to the dedicated parking area of departure.
5.4 Promotion codes (“Discounts”) are one-time offers and redeemable only through the App. Annachiti Electric Mobility reserves the right to change or delete the Discounts at any time. Discounts are limited to one per User and per account and cannot be combined with other offers. Discounts cannot be combined, are not transferable, and cannot be resold.
5.5 The discipline of the right of withdrawal provided by the Consumer Code shall apply. However, the User expressly acknowledges and accepts that, both in the case of payment for a single ride and in the case of membership in a subscription/package and/or prepayment via virtual wallet top-up, if the Electric Devices are used before the expiration of the 14 days provided ex lege for withdrawal, this right will be terminated (and with it also the right to a refund of the price), according to Article 59, paragraph 1, letter a) of the Consumer Code (Legislative Decree No. 206 of September 6, 2005). If the subscription or package is cancelled before use (and within the 14-day period) you will receive a full refund of the fees paid for the subscription. To exercise the right of withdrawal, you must forward a message to the customer service at the number +393348725373 or email at amministrazione @sirnolo.it with a clear and express indication that you wish to withdraw from the Contract. The Company reserves the right to withdraw from the Contract at any time, to block and arrange for the deletion of the User’s account, in case of behavior that does not comply with the Highway Code and state and municipal regulations on micro-electricity, as well as with the provisions of these General Terms and Conditions or in case of partial or false statements made by the User when registering to the App and creating his profile by entering incomplete and/or false information or personal data.
5.6 If the payment for a subscription or package is cancelled within the 14-day cooling-off period stated in the above section, the refund will be processed by the Company within 14 days after receiving the notice of cancellation. If the User receives any promotion, Bonus credit, other discount or benefit at the time of payment, any refund will relate only to the amount actually paid. Refunds are made using the same method originally used by the User to make the purchase, unless otherwise agreed upon.
6.VARIATION OF THE GENERAL CONDITIONS.
6.1 The Company reserves the unquestionable right to update, modify, integrate in whole or in part and at any time these General Conditions and each of the documents and/or attachments referred to by them, including notices and pop-ups in the App, privacy policy and provisions on cookies.
6.2 In the event of modification or updating of these General Conditions, the User will receive specific notice when accessing the App and in order to proceed with the use of the services offered by Sirnolo s.r.l. he/she will have to read the content of the General Conditions and accept any changes.
6.3 Any modification or update of the General Conditions and/or services will become effective from the moment of their publication on the App will be understood to be accepted by users who access and use the services offered by Sirnolo s.r.l. from the moment of the publication of said modifications on the Website.
6.4 If the User does not intend to adhere to the changes made, he/she is invited not to use the services and to cancel his/her account.
7.DURATION OF THE CONTRACT.
7.1 Registration on the Annachiti App implies acceptance of these General Terms and Conditions and is without a term of duration, with the exception of electric device rental services which will have the duration of the service itself.
7.2 The Company may in any case, at its sole discretion, order the deletion of the User’s account in the event of conduct that does not comply with the Highway Code and state and municipal regulations on electric micromobility, as well as with the provisions of these General Terms and Conditions.
7.3 The User may at any time cancel his account by accessing the appropriate section of the App and may likewise request that the Company cease all forms of communication and sending emails through the appropriate function of the Site.
8.COMPANY’S LIABILITY LIMITATIONS AND USER’S RISKS.
8.1 The User assumes all responsibility and risk of any damage caused to property and/or persons, as detailed below. The User is responsible for assessing his or her own driving ability depending on the weather conditions and the state of the roadway and agrees to refrain from using the Electric Vehicle whenever such conditions make its use dangerous.
8. 2 The User understands that he/she is solely responsible and assumes all liability and obligations for any use contrary to these terms and conditions or applicable law (Highway Code, laws, regulations and/or ordinances), and for any consequences, demands, claims, suits, losses, charges damage, injury, cost and expense, penalty, legal fees, judgment, tax (including payments of fines and/or seizure fees levied by any local government), and reimbursement of any kind or nature whatsoever, whether foreseeable or unforeseeable, whether known or unknown, as a result of the use of the rented Device.
The User releases Sirnolo s.r.l. from all civil and criminal liability for all infractions and other liabilities related to the use of the Electric Vehicles due to the fact and fault of the User or third party drivers.
8.3 Sirnolo s.r.l. shall not be liable for any direct or indirect damages of any nature resulting from the use of accessories provided by the Company, by way of example only, the cell phone holder, the glove box and helmets, the use of which is optional and not necessary to use the rental service of the Electric Vehicles. Without prejudice to the User’s obligation to wear a protective helmet in accordance with the provisions of the law, it is understood that the use of the Company-owned helmet made available to the User is merely optional, as the User may use a helmet of his or her own.
8.4 The User accepts and agrees to pay any and all penalties, fines, fees, penalties, forfeitures and/or other charges incurred by the Company as a result of the improper parking of any Electric Device or as a result of a violation of any law, rule, regulation and/or ordinance while using the Device. Sirnolo s.r.l. will promptly charge the User – who accepts and agrees as of now – for any amounts advanced for the payment of penalties, fines, penalties, fines; the penalties, fines, penalties, fines will be charged to the User who at the time of the infraction was found to be using the Vehicle subject to the penalty or whose conduct and in the use and/or release of the Vehicle resulted in the application of the penalty. The amounts charged will possibly be increased by an amount up to Euro 300.00 due for the management of the payment reminders and/or the practice of recovery of the amounts advanced by Sirnolo s.r.l. and/or an additional amount up to Euro 500.00, in the event of detention or administrative seizure of the Device, for the loss incurred due to the impossibility of accessing the Electric Device and renting the same to other Users. Monetary penalties will be applied.
8.5 The User is responsible for any damage caused to the rented Device. The User understands and agrees to be responsible for damage caused to any Electric Device that has been damaged and/or vandalized. The User who vandalizes the Electrical Device shall be obligated to pay a penalty of up to Euro 3000.00 for each vandalized Device, at the sole discretion of Sirnolo s.r.l., except for greater damages.
8.6 Sirnolo s.r.l. shall not be liable for damages occurring to property owned by the User (e.g. cell phone, bag, clothing etc..) caused by the User’s negligence in the use of the rented vehicle and/or by the User’s failure to carry out a safety check of the vehicle and all its components and accessories before the start of the rental.
8.7 Any liability of Sirnolo s.r.l. that does not derive from willful misconduct or gross negligence is excluded; the Company is liable only if by law its liability cannot be limited or excluded.
8.8 The User in any case expressly exonerates Sirnolo s.r.l. from any liability for any damages of any nature suffered by the User himself and/or by third parties in relation to the use of the services referred to in this Contract not arising from the willful misconduct or gross negligence of the Company but attributable to the willful misconduct or gross negligence of the User.
9.INSURANCE.
9.1 The electric devices have R.C.T insurance coverage in favor of the Users of the service.
Active insurance coverage for the electric scooter service is excluded for damages caused by the insured to third parties, to third parties with malice or gross negligence, damages resulting from violation of local regulations on the circulation of electric scooters.
The user indemnifies the company from any liability and declares that he/she has his/her own R.C.T. insurance to cover any damage to third parties, property and to the rented vehicle owned by him/her by Sirnolo s.r.l..
Should the damage be compensated in whole or in part by the insurance company of reference, the User will in any case remain responsible for any deductible provided by the policy.
10. Sirnolo s.r.l. Partners
10. 1 Users are aware that some rental services performed through the Annachiti electric mobility app are performed by affiliates called Sirnolo Partners and identified in the app with the partner logo.
10.2 The user in the event the rental comes through the affiliates company partners releases Sirnolo s.r.l. from any liability and waives any claims for damages and compensation
11.APPLICABLE LAW.
This Agreement shall be governed by the laws of Italy. The User accepts the jurisdiction of the Italian courts.
VEXATIOUS CLAUSES.
Pursuant to and in accordance with articles 1341-1342 et seq. of the Italian Civil Code as well as articles 33-34-35-36 of Legislative Decree 205/2006, the User declares that he/she has read and understood and therefore expressly approves the following articles: 3.13 suspension of the rental service;
4.6 and 4.7 User’s responsibility; 6 Variation of the General Conditions; 8.3 and 8.5 Limitation of User’s responsibility and risks;
9. Applicable Law.
10.1 and 10.2 Sirnolo s.r.l. And ev. Partner.
SIRNOLO SRL
Via Fazzino, 29
96010 Melilli (SR) – Italy
P.Iva 01596190890
CONTACTS
Phone +39 334 8725373